Item 6B - Drainage, Open Space and Access Easement Management PlanDrainage, Access & Open Space Easement
Management Plan
for a 8.22 acre parcel, off Shady Lane
to be known as "The Canopy"
Southlake, Texas
Zoning Case #: ZA19-0071
Prepared by Sage Group, Inc.
November 27, 2019
Open Space Management Plan:
The drainage, access and open space easement areas within the development,
including the 19' entry drive and easement area within the 30' off-site access
easement from Shady Lane, shall be maintained by a Homeowners Association
(HOA), to be established for the development. All other areas shall be the
responsibility of the individual property owners, including the front yards and
required streetscape trees of the residential lots. All property owners shall be
required to be a member of the HOA. Dues assessments, required for the
maintenance of the landscape easement areas and other HOA activities, shall be
mandatory.
The HOA, through a resident Board of Directors, shall be responsible for the
maintenance and operation of the protected open space within the development,
either directly or through a third -party management company. No full-time
employees are contemplated to be necessary. The expenses required to maintain
the walls and landscape areas at a quality level shall be estimated annually by the
HOA Board, and dues shall be determined and assessed on each property owner in
an equitable fashion at such a rate as necessary to maintain such a level of quality.
Authority to enforce these requirements, and to place a lien on the property if such
dues are not paid, shall be in the form of written Deed Restrictions and Covenants,
agreed to by all property owners in the HOA at purchase, and shall run with the
land.
Provisions shall be made, in the HOA bylaws and Deed Restrictions, that in the
unlikely event the HOA fails to maintain all or a portion of the protected open space
in reasonable order and condition, the City of Southlake may, but is not required to,
assume responsibility for its maintenance and take corrective action, including the
provision of extended maintenance. The costs of such maintenance may be
charged to the HOA or individual property owners that make up the HOA, and may
include administrative costs and penalties which shall become a lien on all property
in the development.